The Personal Injury Settlement — Trust Law Interface

Henry L. Strong (Chairman and President, JMW SettleMaster) and David M. Cordell (Director of Finance Programs, University of Texas at Dallas) have recently published their article entitled Fiduciary Focus: The Prudent Integration of Structured Settlements and Post-Settlement Trusts, The Brief, Spring 2008, at 44.

Here is an excerpt from the article’s introduction:

This article outlines key distinctions between structured settlements and post-settlement trusts, articulates how these differences affect returns on a risk-adjusted basis, and demonstrates how a thoughtful integration of both can deliver vastly superior results over those obtained by either vehicle alone.  By clearing up the confusion over how best to allocate settlement proceeds, we hope not only to assist members of the bar and judiciary but also to materially aid injured claimants.  We conclude the article by offering practice tips to help avoid problems.